No undue influence or lack of testamentary capacity to invalidate will of deceased

Appeal from Circuit Court – Circuit Court held deceased (Mr Michael Buckley) was of unsound mind when he disposed of his will – deceased’s health began deteriorate in late 2010 – cancer – by early March 2011 was receiving palliative care – transverse loop colostomy 10 March 2011 – unable to eat thereafter – pain controlled with opiates – made will and testament 15 March 2011 – bequested property to the defendant – plaintiffs his siblings who would inherit the property under the rules of intestacy – claim that he lacked sufficient mental capacity – claim of undue influence on the part of the defendant - caselaw provides test for mental capacity in creating a will – caselaw provides test for undue influence - undue influence – defendant’s family alleged to have ‘monopolised’ visiting hours – no evidence – hours limited around operation – evidence of a physical altercation relating to financial difficulties between deceased and defendant – insufficient to make finding of undue influence – conversations regarding who would inherit property at family gatherings - insufficient to make finding of undue influence – no irregularities with drafting of will which give rise to undue influence - testamentary capacity – evidence given that deceased lacked testamentary capacity on 12 March 2011 – evidence given that deceased had regained mental capacity by 15 March 2011 – immobile in bed but correctly answered several questions about his affairs – discussed current affairs – denied any influence on his choice of beneficiaries – did make an error describing the acreage of his property – insufficient to make finding of lack of capacity - signature a scrawl – result of physical weakness, not mental incapacity – conflicting medical evidence regarding the effect opiates would have had on deceased’s capacity – Court held that the rational decision was to leave the property to one family member – defendant had more interest in agricultural affairs – logical choice – deceased had testamentary capacity on 15 March 2011 – Court to hear counsel on appropriate order to be made.